Rowan provides advice and representation on all aspects of planning and environmental law.
Recent instructions include:
• Appearing, unled, at a four-day planning hearing concerning a large industrial development in East Sussex following the refusal of reserved matters by the Local Authority.
• Representing the successful Local Authority in a challenge against the content of a notice issued under s.215 TCPA 1990.
• Representing the successful Claimant in a judicial review of a Local Authority's decision to grant planning permission for the change of use of woodland for the siting of 19 static holiday caravans within an AONB.
• Representing the successful Local Authority at a recent enforcement inquiry concerning material change of use and the relevant time limits for enforcement. The instructing Team Leader of the Local Authority Planning Appeals and Enforcement department remarked on Rowan's "impressive performance."
• Appearing, led by Estelle Dehon, in R(Wingfield) v Canterbury City Council  EWCA Civ 1588, two joined judicial review claims concerning the lawfulness of a Local Authority's approach to Environmental Impact Assessments and Habitats Regulations Assessments in the context of multi-stage planning permissions adjacent to an area of Special Scientific Interest.
• Appearing, led by Jonathan Clay, in a judicial review of a Local Authority's decision to discharge conditions of a planning permission concerning landscaping within an AONB.
• Representing Local Authorities in a variety of prosecutions under the Environmental Protection Act 1990 and related legislation, including appearances in both the Magistrates' and Crown Courts.
Rowan recently advised Extinction Rebellion in relation to the 'Autumn Uprising' after which the decision of the Metropolitan Police to ban the protests was declared unlawful (see R(Jones) v Commissioner of Police for the Metropolis  EWHC 2957 (Admin))
While a pupil, Rowan gained experience of a range of planning matters, including:
- Providing written advice on planning issues, including: the proper construction of particular sections of the NPPF, Certificates of Lawfulness and the correct implementation period for planning permissions, material change of use and the construction of ancillary buildings, the reasonableness of proposed s.106 obligations, potential procedural unfairness arising from the consultation process for producing a Neighbourhood Development Plan, costs protection under the Aarhus Convention, the interaction between Habitats Regulations/Environmental Impact Assessments and outline permissions, the prospects of a potential judicial review in relation to the environmental impacts of a large industrial development, and the meaning of 'operational development' under the Town and Country Planning Act 1990.
- Assisting Estelle Dehon in relation to two matters before the Court of Appeal (R(Oyston Estates Ltd) v Fylde BC  EWCA 1152 and R(Squire) v Shropshire Council  EWCA Civ 288.
- Assisting Clare Parry in CPRE Surrey & POW Campaign v Waverley BC  EWHC 2969.
- Assisting Richard Ground QC in Lakenheath Parish Council v Suffolk Parish Council  EWHC 978 (Admin)
• Four-day Planning Hearing concerning joined appeals concerning the approval of reserved matters and non-determination of conditions (unled)
• Enforcement inquiry concerning the material change of use of land from recreational use to residential use by the occupation of caravans.
• A week-long inquiry regarding permission for 96 dwellings and associated works in Farnham, Surrey (with Clare Parry)
• a week-long inquiry regarding permission for an extra care development of 79 dwellings in West Malling, Kent (with Asitha Ranatunga),
• a week-long inquiry regarding shale gas exploration at Ellesmere Port, Chester (with Estelle Dehon)